Terms of service

Overview

Welcome to Amersys Collections.

The terms “we”, “us”, and “our” refer to Amersys Collections. We operate this website and online store, including the information, content, features, tools, products, and services made available through it.

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and services online.

These Terms of Service explain the rules, rights, and responsibilities that apply when you visit our website, place an order, purchase a product, create an account, or otherwise use our services.

By accessing or using our website or services, you agree to these Terms of Service together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies referenced on our website.

If you do not agree with these Terms, you should not use our website or services.

1. Eligibility and Use of the Website

You may use our website only for lawful purposes and in accordance with these Terms.

When placing an order or creating an account, you agree to provide information that is accurate, current, and complete.

You are responsible for ensuring that any information you provide to us, including your:

Name.
Email address.
Phone number.
Billing information.
Delivery information.

is accurate and up to date.

If customer accounts are available, you are responsible for keeping your account credentials confidential and for activity carried out through your account.

You must not allow another person to use your account in a manner that violates these Terms.

2. Products and Product Information

We make reasonable efforts to provide accurate information about the products available through our website.

Product information may include:

Product names.
Specifications.
Features.
Images.
Colours.
Dimensions.
Compatibility information.
Availability.
Prices.

Actual product appearance may vary slightly from images displayed on the website due to lighting, photography, screen settings, manufacturing variations, or device display differences.

We make reasonable efforts to keep specifications and product descriptions accurate. However, manufacturers may occasionally update packaging, product design, specifications, or included accessories.

Where a material difference affects an order, we will take reasonable steps to address the matter appropriately.

We reserve the right to discontinue products, update product information, or change product availability without prior notice.

3. Product Availability

All products are subject to availability.

A product appearing on our website does not guarantee that it will remain available until an order is processed.

In some circumstances, a product may become unavailable after an order has been submitted.

If we cannot fulfil an order because a product is unavailable, we may:

Contact you to discuss an alternative.
Offer a replacement where appropriate.
Cancel the affected product or order.
Issue an applicable refund.

We will make reasonable efforts to notify you if this occurs.

4. Orders

When you submit an order through our website, you are making an offer to purchase the selected products.

An order is not considered fully accepted until it has been successfully processed and confirmed by Amersys Collections.

We reserve the right to refuse, cancel, or limit an order where reasonably necessary, including where:

A product is unavailable.
The order cannot be verified or confirmed.
Pricing or product information contains a significant error.
We suspect fraudulent or unauthorised activity.
Delivery cannot reasonably be completed to the provided location.
The order violates these Terms or applicable law.

If we cancel an order for which you have already made a payment, we will arrange an appropriate refund.

We may contact you using the email address or phone number provided with your order if further information is required.

5. Order Changes and Cancellations

If you wish to change or cancel an order, please contact us as soon as possible.

We will make reasonable efforts to accommodate the request before the order has been processed or dispatched.

However, we cannot guarantee that an order can be changed or cancelled after processing or dispatch has begun.

If an order has already been dispatched, it may need to be handled as a return in accordance with our Return & Refund Policy.

6. Prices

Product prices are displayed on our website and may be changed from time to time.

The price applicable to your purchase will generally be the price displayed at the time you submit your order, subject to correction of genuine errors.

Where applicable, additional charges such as:

Delivery fees.
Taxes.
Other applicable charges.

will be displayed or communicated before or during the checkout process where reasonably possible.

We reserve the right to correct obvious pricing errors.

If a significant pricing error affects an order that you have already placed, we may contact you before processing the order.

7. Payments

We currently accept cash payments only. No online payments are taken on our website. You can choose one of the following at checkout:

Cash on Delivery: pay in cash to our delivery rider when your order is delivered.
Cash on Collecting: pay in cash when you collect your order from our store at Shop A1, 5th Floor, Kenya Cinema Plaza, Moi Ave, Nairobi, Kenya.

All prices are shown in Kenyan Shillings (KES) and include applicable taxes (VAT). Delivery fees, where applicable, are shown at checkout before you place your order.

We do not currently accept M-Pesa, bank transfers, or card payments on our website. Please see our Payment Policy for full details.

We reserve the right to delay or cancel an order if it cannot be verified or if fraudulent or suspicious activity is reasonably suspected.

8. Shipping and Delivery

Our Shipping Policy governs shipping and delivery.

Delivery times shown on our website or communicated to customers are estimates unless expressly stated otherwise.

Delivery may occasionally be affected by circumstances outside our reasonable control, including:

Courier delays.
Traffic disruptions.
Severe weather.
Public holidays.
Supply disruptions.
Incorrect delivery information.
Security restrictions.
Other unexpected events.

We will make reasonable efforts to assist customers where delivery issues arise.

Customers are responsible for providing a complete and accurate delivery address and contact information.

Nothing in these Terms is intended to remove any rights you may have under applicable law regarding the delivery of purchased goods.

9. Returns, Exchanges and Refunds

Returns, exchanges, and refunds are governed by our Return & Refund Policy.

Eligible return requests must generally be submitted within 7 days of receiving the order, subject to the conditions stated in that policy and any rights available under applicable law.

Customers should review the Return & Refund Policy before making a purchase.

10. Damaged, Defective or Incorrect Products

If you receive a product that is:

Damaged.
Defective.
Incomplete.
Different from what you ordered.

Please contact us promptly and within the applicable timeframe stated in our Return & Refund Policy.

We may request reasonable evidence, such as photographs, videos, order information, or product details, to help us assess the issue.

Depending on the circumstances, an appropriate resolution may include:

Replacement.
Repair.
Exchange.
Refund.

Nothing in this section limits applicable statutory consumer rights.

11. Electronics and Product Use

Customers are responsible for using products in accordance with the manufacturer's instructions, technical specifications, and applicable safety guidance.

Where relevant, customers should confirm compatibility before purchasing electronic products, accessories, replacement components, chargers, cables, or similar items.

Amersys Collections is not responsible for damage caused by circumstances such as:

Misuse.
Improper installation.
Unauthorised repairs or modifications.
Use with incompatible equipment.
Accidental damage.
Liquid damage.
Electrical surges or improper electrical supply.
Failure to follow manufacturer instructions.

This section does not apply where the product was defective when supplied or where applicable consumer law provides otherwise.

12. Manufacturer Warranties

Certain products may be covered by a manufacturer or supplier warranty.

Where a manufacturer warranty applies, the applicable warranty terms, duration, and conditions may be determined by the manufacturer or supplier.

A manufacturer warranty is separate from any rights you may have under applicable consumer protection law.

Where appropriate, we may assist customers in identifying available warranty procedures.

We do not make additional manufacturer warranty promises unless expressly stated on the relevant product page or in writing.

13. Intellectual Property

Unless otherwise stated, the content available through the Amersys Collections website, including:

Brand names.
Logos.
Website design.
Text.
Graphics.
Images.
Videos.
Product presentation.
Layout.
Original written content.

is owned by, licensed to, or lawfully used by Amersys Collections and is protected by applicable intellectual property laws.

You may use our website for personal and lawful shopping purposes.

You must not, without appropriate permission:

Copy substantial portions of our website.
Reproduce our branding.
Republish our original content.
Modify or distribute protected content.
Use our trademarks in a misleading manner.
Use website content for unauthorised commercial purposes.

Third-party product names, trademarks, logos, and intellectual property remain the property of their respective owners.

14. Third-Party Services and Tools

Our website may use or provide access to services, tools, applications, integrations, or functionality operated by third parties.

These may include:

Shopify applications.
Analytics services.
Delivery services.
Marketing tools.
Social media integrations.
Other technology providers.

We do not necessarily control the operation, availability, security, or policies of independent third-party services.

Your use of third-party services may also be subject to the terms and privacy policies of those providers.

15. Third-Party Links

Our website may contain links to websites or services operated by third parties.

These links may be provided for convenience, informational purposes, product information, social media, or other legitimate purposes.

Amersys Collections does not control independent third-party websites and is not responsible for their content, availability, security practices, or privacy practices.

Customers should review the applicable terms and privacy policies when using third-party websites.

16. Relationship With Shopify

Amersys Collections is powered by Shopify, which enables us to provide our online store and services.

However, purchases made through our store are transactions directly between you and Amersys Collections.

Shopify is not the seller of products purchased from Amersys Collections and is not responsible for the fulfilment, condition, delivery, return, refund, or warranty of products sold by Amersys Collections.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims, damages, losses, or liabilities arising from purchases or transactions made directly with Amersys Collections.

17. Privacy

Personal information collected through our website is handled in accordance with our Privacy Policy.

Because our online store is powered by Shopify, certain information may also be processed by Shopify and its authorised service providers as necessary to operate the e-commerce platform.

Please review our Privacy Policy for more information about:

Information we collect.
How we use information.
Cookies and tracking technologies.
Information sharing.
International data processing.
Your privacy rights.

18. Reviews, Feedback and Submissions

If you submit a product review, suggestion, comment, feedback, photograph, or other content to Amersys Collections, you confirm that you have the right to provide that content.

You must not submit content that:

Is false or deliberately misleading.
Infringes another person's intellectual property.
Violates another person's privacy.
Contains unlawful, abusive, defamatory, threatening, or harmful material.
Contains malicious software or harmful code.

Where permitted, you grant Amersys Collections permission to use customer feedback or reviews for legitimate business purposes, including displaying product reviews or improving our services.

We reserve the right to remove unlawful, fraudulent, abusive, irrelevant, or inappropriate content.

19. Errors and Inaccuracies

From time to time, our website may contain:

Typographical errors.
Incorrect product information.
Pricing errors.
Incorrect availability information.
Incorrect delivery information.
Other accidental inaccuracies.

We reserve the right to correct genuine errors and update inaccurate information.

Where an error materially affects an order that has already been submitted, we may contact you to explain the issue and provide appropriate available options.

Nothing in this section permits us to avoid obligations imposed by applicable consumer law.

20. Prohibited Uses

You must not use our website or services:

For unlawful purposes.
To commit or facilitate fraud.
To violate the rights of another person.
To infringe intellectual property rights.
To submit false or misleading information.
To transmit viruses, malware, or harmful code.
To interfere with website security.
To gain unauthorised access to systems or accounts.
To collect personal information about other users unlawfully.
To send spam or unauthorised promotional communications.
To impersonate another person or organisation.
To disrupt the normal operation of the website.
To use automated systems in a manner that materially harms, overloads, circumvents, or interferes with the website or its security measures.

We may restrict or terminate access where we reasonably believe these Terms have been violated.

21. Suspension or Termination

We reserve the right to restrict, suspend, or terminate access to our website or customer accounts where reasonably necessary, including where:

These Terms have been materially violated.
Fraudulent activity is suspected.
Website security is threatened.
Our services are being abused.
We are required to do so by law.

Termination does not affect rights or obligations that arose before termination.

22. Disclaimer

We make reasonable efforts to operate our website accurately, securely, and reliably.

However, we cannot guarantee that:

The website will always be available.
The website will always operate without interruption.
Every technical error will be immediately corrected.
Third-party services will always remain available.

To the extent permitted by applicable law, our website and online services are provided on an “as available” basis.

Nothing in these Terms excludes any warranty, guarantee, condition, or consumer right that cannot lawfully be excluded.

23. Limitation of Liability

To the maximum extent permitted by applicable law, Amersys Collections will not be liable for indirect, incidental, special, or consequential losses arising solely from the use of our website or services where such liability may lawfully be limited.

This limitation does not apply where liability cannot legally be excluded or limited.

Nothing in these Terms is intended to exclude or restrict liability for matters where exclusion would be unlawful.

Nothing in this section limits statutory rights available to consumers under applicable Kenyan law.

24. Consumer Rights

These Terms are intended to operate consistently with applicable consumer protection laws in Kenya.

Nothing in these Terms, our Return & Refund Policy, Shipping Policy, Privacy Policy, or other website policies is intended to exclude, waive, restrict, or override any mandatory rights available to consumers under applicable law.

If any provision of these Terms conflicts with a mandatory legal right that cannot lawfully be excluded, the applicable legal requirement will take priority.

25. Indemnification

To the extent permitted by applicable law, you agree to be responsible for losses or claims resulting from your unlawful use of our website, deliberate violation of these Terms, or infringement of the rights of another person.

Nothing in this section creates liability for matters for which you are not legally responsible.

26. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be limited or removed only to the extent necessary.

The remaining provisions will continue to apply.

27. No Waiver

If Amersys Collections does not immediately enforce a provision of these Terms, this does not mean that we permanently waive our right to enforce that provision.

Any waiver must be consistent with applicable law.

28. Entire Agreement

These Terms of Service, together with the policies and terms referenced on our website, form the agreement governing your use of our online store and services.

This may include our:

Privacy Policy.
Return & Refund Policy.
Shipping Policy.
Payment Policy.
Warranty Policy.
Other applicable store policies.

29. Changes to These Terms

We may update these Terms from time to time to reflect:

Changes to our business.
Changes to our website.
Changes to products or services.
Changes to legal requirements.
Changes to Shopify or other service providers.
Operational or security requirements.

The updated version will be published on this page with a revised Last Updated date.

Where required by applicable law, additional notice may be provided for material changes.

30. Governing Law

These Terms of Service and your use of the Amersys Collections website are governed by the laws of Kenya, subject to any mandatory rights or protections available under applicable law.

Any dispute relating to these Terms or our services should first be raised with Amersys Collections so that reasonable efforts can be made to resolve the matter.

Where a dispute cannot be resolved directly, it may be submitted to the courts or other competent authorities in Kenya as permitted by applicable law.